eEvidence Terms of Service
Last updated: November 18th, 2014
These terms of service (the "Terms") govern your access to and use of eEvidence ("us", "we" or "our") websites and services (the "Services"). Please carefully read them before using the Services. Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and assure us that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with eEvidence and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Introduction to The Services
eEvidence is presented as a method to reliably certify in time and record; the contents and delivery of an email to a third party, including its attachments; the sole existence of a digital file attached to an email.
Registering for The Services
The Service will be enabled and provided to any user requesting its use for a given email address, provided that we can reasonably prove, to the extent of our possibilities, the legitimacy of who makes the request. In order to do so, we may send a confirmation email message to the email address provided by the user upon registration. eEvidence will not, in any circumstance, manually enable the service, for any email address, to any user claiming to be the legitimate holder of that email address.
Licensing of the service
eEvidence is based on a freemium business model, meaning it is provided free of charge, but a premium is charged for advanced features. The word "freemium" is a portmanteau combining the two aspects of the business model: "free" and "premium". Please review our Pricing Terms for additional terms ruling Premium Licenses.
Your Stuff & Your Privacy
By using our Services you provide us with information and files that you submit to eEvidence (together, "your stuff"). You retain full ownership of your stuff. We don't claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, hosting a copy of your emails and attached files. This includes product features at your disposal, for example, email traffic logs or the ability to download hosted files. You give us the permissions we need to do those things solely to provide the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of eEvidence, its users and the public.
You are solely responsible for your conduct, the content of your emails and files, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your eEvidence account, which you may not be able to opt-out from receiving. You can opt-out of most communications from eEvidence including our newsletter, new user emails, etc. Please see Notices and Updates under your user private area for more information.
Securing Your Important Stuff
In order to effectively prove the contents of an email and its attached digital files submitted to eEvidence, it is essential that an unaltered copy of the original emails and of the digital files exists. Your failure to produce such copy will impede eEvidence to corroborate the contents and integrity of these emails and files.
Depending on your eEvidence license conditions, we may store, when you ask us to do so, copies of your emails, of digital files attached to these and of other digital files related to the emails you submit to eEvidence. On some eEvidence licenses, for example Free Licenses, we don't. If your license does not include the storage of a copy of the emails and digital files you have submitted to eEvidence, it will be your entire responsibility to keep a secure and unaltered copy of these emails and digital files. eEvidence cannot be held responsible of not being capable to corroborate the content of these emails and files, should you fail to produce them.
Whatever the license you register for, even if your license includes storage features, we highly encourage you to keep secure and unaltered copies of any emails and digital files you submit to eEvidence. It never hurts.
eEvidence gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by eEvidence, in the manner permitted by these Terms.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not use the Services to submit, upload or email files unless you have the right to do so. You, not eEvidence, will be fully responsible and liable for what you use while using the Services. You must not submit spyware or any other malicious software to the Service.
You, and not eEvidence, are responsible for maintaining and protecting all of your stuff. eEvidence will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are at least 13 years of age.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. We will not store the password you use to access the Services, but a cryptographic representation of it. It is not possible to retrieve your original password from its cryptographic representation. If you forget your password, we can allow you to create a new password for your account, but we will not allow you to retrieve the one you have forgotten. You are responsible for any activity using your account and the email address registered for your eEvidence account, whether or not you authorized that activity. You should immediately notify eEvidence of any unauthorized use of your account or associated email address. You acknowledge that if you wish to protect your transmission of emails and its attached files to eEvidence, it is your responsibility to use a secure encrypted connection to communicate with the Services. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. eEvidence cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
All right, title, and interest in and to the Services (excluding your stuff) are and will remain the exclusive property of eEvidence. The Services are protected by copyright, trademark, and other laws of both Spain and foreign countries. Nothing in the Terms gives you a right to use the eEvidence name or any of the eEvidence trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding eEvidence, or the Services, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Acceptable Use Policy
eEvidence is opened to anyone, worldwide, and we are proud of the trust placed with us. In exchange, we trust you to use our Services responsibly. You agree not to misuse the eEvidence services. For example, you must not, and must not attempt to, use the services to do the following things:
- access, tamper with, or use non-public areas of the Services, eEvidence's computer systems, or the technical delivery systems of eEvidence's providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive or false source-identifying information;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, deceptive or false source-identifying information, including "spoofing" or "phishing", mail-bombing the Services, or by scripting the creation of stuff in such a manner as to interfere with or create an undue burden on the Services;
- email anything that is fraudulent, unlawful, misleading, or infringes another's rights; or
- violate the law in any way, or to violate the privacy of others, or to defame others.
Abuse and Spam
Technical abuse and user abuse is not tolerated in eEvidence, and doing so will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
- Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that that any violation of the Terms of Service by Premium License users may be cause for permanent suspension of all accounts associated to the violator's Premium License.
- Malware/Phishing: You may not email malicious content intended to damage or disrupt another's browser or computer or to compromise another's privacy.
- Mass-mailing and batch process: You may use the service as part of a business' automated workflow, including batch processing. However, using the service for mass mailing and for email marketing campaigns of any kind is forbidden.
- Spam: You may not use the eEvidence service for the purpose of spamming anyone. What constitutes "spamming" will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are: (i) If you have repeatedly sent a large amount of emails in a short amount of time; (ii) If we experience an anomalous high number of delivery errors when trying to deliver your emails to third parties; (iii) If we detect an anomalous high number of postmaster email returns from emails being delivered by us to third parties on your behalf; (iv) If the reputation of our IPs is challenged by emails being sent by you to third parties.
Your account may be suspended for Terms of Service violations if, we believe at our sole discretion, any of the above to be true. Accounts created to replace suspended accounts will be permanently suspended.
Accounts engaging in any of these behaviors may be investigated for abuse. eEvidence reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others' use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
eEvidence is Available "AS-IS"
Though we want to provide you a great service, there are certain things we cannot promise. For example, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AT YOUR OWN RISK, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. eEvidence will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that eEvidence has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from eEvidence or through the Services, will create any warranty not expressly made herein.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EEVIDENCE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT EEVIDENCE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO EEVIDENCE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.
Miscellaneous Legal Terms
These Terms and any action related thereto will be governed by the laws of Spain except for its conflicts of law principles. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the city of Barcelona, Spain, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. These Terms constitute the entire and exclusive agreement between eEvidence and you regarding the Services, and supersede and replace any prior agreements, terms and conditions applicable to Services. These Terms create no third party beneficiary rights. eEvidence's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but eEvidence may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. eEvidence and you are not legal partners or agents; instead, our relationship is that of independent contractors.
The Services are operated and provided by Pricewin Networks SL, Av. Diagonal, 434, 3-2, 08037 Barcelona, Spain. If you have any questions about these Terms, please contact us.